Pay Full-Time Heed To Laws When Hiring Part-Time Employees

(Originally published in The Business Journal)

Employment law issues can keep small business owners awake at night.  However, prior planning and an awareness of the pitfalls often faced by employers can help curb the threat of successful litigation against you and restore sleep to your nightly routine.

Employers often ask, "What about my part-time employees? What consideration do they receive under governing employment laws?”

The short answer to such questions is as follows:  Part-time employees receive the same consideration and treatment under the law as your other employees.  As a general rule of employment law, an employer's legal radar should sound whenever he or she treats categories of employees differently.

Employing part-time help, in many cases, makes good economic sense.  Part-time employees provide help employers meet the seasonal ebb and flow of business with ease and flexibility. 

However, you should be aware of how various laws apply to these employees. Here are a few key principles to keep in mind.

First, Ohio's new minimum wage law applies to part-time employees. This law applies to (virtually) all Ohio employees, irrespective of classification.  Therefore, you must not only compensate your part-time employees in accordance with the minimum wage law, but you must also satisfy its stringent record-keeping requirements.

Second, the federal wage-and-hour (overtime) law applies to part-time employees.  Federal overtime law mandates payment of overtime wages when they are due, regardless of whether you call your employee “part” or “full” time. 

Third, the Family and Medical Leave Act (“FMLA”) may apply to your part-time employees.  Whether or not your "part-time" employees are covered by the FMLA must be determined on a case-by-case analysis. 

An employee's rights under the FMLA are not determined by your label as "part time," but rather by the hours that each employee works.  So, for example, to be eligible for FMLA leave, an employee must have worked for that employer for at least 12 months, have worked at least 1,250 hours during the 12 months prior to the start of the leave, and worked at a location where at least 50 employees are employed or within 75 miles of that location.

Fourth, your part time employees need to be covered by Workers' Compensation insurance.

Fifth, if your business is subject to the Americans with Disabilities Act (ADA), then your part-time employees enjoy its protection. The ADA makes no distinction between employees based upon the hours that they work. 

If an employee advises you of a physical disability or ailment needing accommodation, your first question should not be whether the employee is full- or part-time, but rather whether you must accommodate him or her under applicable law.

Finally, federal and state laws forbidding discrimination against employees on the basis of race, gender, age, religion, and national origin apply to part-time employees.

Businesses should be prepared to address the legal considerations associated with part-time employees. Working with your lawyer, you will be able to implement a system to make certain that your decisions are in compliance with the myriad of state and federal employment laws.

Gurbach can be reached at mgurbach@hhmlaw.com or at (330) 744-1111